THE PRACTICE OF LAW IN THE TIME OF COVID-19
THE PRACTICE OF LAW
During the COVID-19 Crisis in the United States District Court for the District of Delaware BY THE HONORABLE CHRISTOPHER J. BURKE
A
s it has for nearly every other place of work in Delaware, the COVID-19 crisis has changed the day-to-day life of the United States District Court for the District of Delaware. Since the Governor of Delaware declared a State of Emergency in mid-March 2020, the District Court has taken a number of steps designed to protect the health of its employees and the public, while also respecting the rights of litigants. Among those steps were the following: ►►All civil and criminal jury trials scheduled to begin prior to May 31, 2020 have been continued. ►►All deadlines set by rule or Court order have remained in effect. But the Court remains flexible and will consider the grant of joint or individual party requests for relief from certain deadlines due to the crisis. ►►Pursuant to the passage of the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the Court has developed procedures designed to handle initial criminal proceedings (such as initial appearances, detention hearings, preliminary hearings and arraignments) by videoconference, if the defendant consents to doing so. By early May, other criminal hearings, such as change of plea hearings or sentencings, will begin to take place via videoconference if consent is given. ►►Individual Judges remain free to schedule hearings, oral arguments, bench trials and other proceedings in the exercise of their discretion. But uniformly, the District Court Judges have 28
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been converting in-person hearings and arguments into telephonic proceedings. In instances where more substantial presentations are expected, the Judges have held videoconference proceedings. ►►Mediation and other alternative dispute resolution proceedings are now being conducted telephonically. ►►The District’s Re-entry Court will be held by videoconference, beginning in late April. ►►The Court suspended in civil cases (absent any further order from an individual Judge) provisions of its Local Rules and other orders that required the submission of paper copies of filings. Despite all of these changes, the Court remains open for official business. As before, it continues to resolve all manner of pending disputes. And it will continue to monitor developments and alter its procedures as events warrant. In these difficult times, the Court is particularly grateful for the efforts of those who work at or with the Court, including its Clerk’s Office staff, members of the United States Marshals Service, Court Security Officers, representatives of the United States Probation Office, in-Chambers staff, information technology staff, custodial staff, and other members of the District Court community. A small number of those persons have continued to work in the Courthouse during these last few months, while the remainder are working from home. With the help of its dedicated personnel, the Court will continue to administer justice during these difficult times.
Christopher J. Burke is a United States Magistrate Judge on the United States District Court for the District of Delaware.